eTrade 2005 Annual Report Download - page 476

(4) all obligations of such Person to pay the deferred and unpaid purchase price of property or services, which purchase price is
recorded as a liability under GAAP and due more than six months after the date of placing such property in service or taking delivery
and title thereto or the completion of such services, except Trade Payables;
(5) all Capitalized Lease Obligations;
(6) all Indebtedness of other Persons secured by a Lien on any asset of such Person, whether or not such Indebtedness is assumed by
such Person; provided that the amount of such Indebtedness shall be the lesser of (A)the fair market value of such asset at such date
of determination and (B)the amount of such Indebtedness;
(7) all Indebtedness of other Persons Guaranteed by such Person to the extent such Indebtedness is Guaranteed by such Person;
(8) Acquired Indebtedness;
(9) to the extent not otherwise included in this definition, net obligations under Hedging Obligations (other than Hedging Obligations
not entered into for speculative investment purposes and designed to protect the Company or its Restricted Subsidiaries or Regulated
Subsidiaries against fluctuations in commodity prices, equity prices, foreign currency exchange rates or interest rates and that do not
increase the Indebtedness of the obligor outstanding at any time other than as a result of fluctuations in commodity prices, foreign
currency exchange rates or interest rates or by reason of fees, indemnities and compensation payable thereunder); and
(10) all obligations to redeem or repurchase Preferred Stock issued by such Person, other than PIK Preferred Stock,
provided
that Indebtedness shall not include:
(a) obligations arising from products and services offered by Bank Regulated Subsidiaries or Broker Dealer Regulated Subsidiaries in
the ordinary course including, but not limited to, deposits, CDs, prepaid forward contracts, swaps, exchangeable debt securities,
foreign currency purchases or sales and letters of credit;
(b) indebtedness or other obligations incurred in the ordinary course arising from margin lending, Stock Loan activities or foreign
currency settlement obligations of a Broker Dealer Regulated Subsidiary;
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